Anyone know how long after discharge someone will come to get car?

[mermaids614]

Update

I had my 341 meeting yesterday. The attorney I spoke with yesterday, who is a partner of the attorney I've been dealing with said that I should expect for the '01 Jeep to be picked up in about 3 weeks. He said that Wells Fargo will need to file for relief from the automatic stay, that there will be a hearing and that we won't show up for it since I'm surrendering. He told me I should get a notice of the hearing date in the mail, so I will know the date, and that usually after the hearing date, the car is picked up not long after that. It's funny how everyone there at the law firm tells me something different. My actual attorney told me that they will probably ask me at the 341 meeting when I want to surrender it. Nobody from Wells Fargo was even at the 341. The attorney yesterday said that he rarely sees where the lender waits until after discharge to get their vehicle, and that I should use the notice of the hearing as my time window. Whatever. No point in wondering. I'm just going to get the Jeep emptied out, keep putting $10.00 worth of gas in it and be prepared for them to come get it within the next 3 weeks. I am supposed to be surrendering it after all.

[Brazzy]

It depends entirely on the loan balance and the value of the vehicle. Understand moving for relief costs money. So they are not going to piss money away to get a car thats not worth it. Typically they will file for relief. However for low balance accounts and vehicles that do not hold a high value they will wait for the discharge. They can come get it earlier as you have 45 days from the 341 meeting to abide by your statement of intentions. If its been 45 days and you refuse to reaf like you said they would they can send you a default letter and secure their collateral.

As for a time period it varies. Different states have different repo laws. At the same time they also need the trustee to abandon interest. For some the repo will occur immediately while for other people in other states or under different circumstances it could take months. However at any time you can ask them to come get it and they will... as long as it is worth repossessing.

[mermaids614]

Brazzy, 45 days sounds ideal! My attorneys all seem stuck on convincing me tbe prepared to let it go much sooner than later. My Jeep is an 01, needs a new tranny (and they noted this on the petition). I crammed it down in th Ch 13. I owe about $5000 on it. It may be worth $2500 since it has low miles for its age-94,000. I'm dealing with Wells Fargo so who the heck knows with them!LOL

[Brazzy]

Wells Fargo is VERY aggressive and throw MFR's and objections around like they are nothing. Just home that the BK specialist reviewing the account realized that on the petition it shows that it has a blown tranny. Hopefully they just let it slide and dont bother. In my opinion its not worth repossessing but they may have a different system of making that determination.

[JvilleGarden]

We have received our notice of Discharge (YIPEE!!!) dated 3/11, but our lender (Santander, formerly HSBC)) has not contacted us about collecting our 2004 Chevy Trailblazer. Does anyone have any experience with Santander? The truck is in good shape, and it would be worth about $8,000 from what I can see, so we are just waiting.

[corrin69]

I am in the same boat. I planned on keeping my 2007 Maxima. But I never reaffirmed. Nissan filed for relief from the stay and an order of relief was entered in late January. I received my Order of Discharge yesterday. No one has contacted me about getting the car since the January order.

Question: My lawyer tells me I am not liable for damage to the vehicle (there are some dings and scratches that I could see would be beyond ordingary wear and tear) or repossession costs. Is this correct?

[JvilleGarden]

Question: My lawyer tells me I am not liable for damage to the vehicle (there are some dings and scratches that I could see would be beyond ordingary wear and tear) or repossession costs. Is this correct?

That is my understanding from my atty, too. Basically, no one can force them to collect the property, and it is their responsibility to come get it, and I cannot "hide" or withhold it from the creditor. THey are weclome to it, but I'm not delivering it for them.

[05mag]

We surrendered one of our cars to the bank ( local branch ) six weeks ago and it's still sitting right where I parked it. Bank manager doesn't know why they haven't picked it up, she's tired of looking at it. Anyway it's out of my hands and thier problem now !!

[JvilleGarden]

Update 7/18/2011...

Santander picked up the Trailblazer last night. Woke up this morning and it was gone. Good thing...It was gonna need new tires soon.